Legal Opinion
State v. Baird
Supreme Court of Minnesota
Decided December 5, 2002No. C1-01-894PublishedCited by 71 opinions
1Opinion of the Court
OPINION
RUSSELL A. ANDERSON, Justice.
We are asked in this case if our holding in State v. Glowacki, 630 N.W.2d 392, 402 (Minn.2001)-that when acting in self-defense there is no duty to retreat from one’s own home even if the aggressor is a co-resident — is to be given retroactive application. We hold that the Glowacki rule applies retroactively. Further, we hold that the district court’s erroneous instruction that respondent had a duty to retreat constitutes plain error and requires a new trial.
Respondent Jeffrey Warren Baird was charged with disorderly conduct, fifth-degree assault, and…
2Cases cited39 opinions
- Stovall v. DennoSupreme Court of the United States · 1967
- Griffith v. KentuckySupreme Court of the United States · 1987
- Johnson v. New JerseySupreme Court of the United States · 1966
- Linkletter v. WalkerSupreme Court of the United States · 1965
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
34 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- State v. MahkukSupreme Court of Minnesota · 2007
- State v. OsborneSupreme Court of Minnesota · 2006
- O'MEARA v. StateSupreme Court of Minnesota · 2004
- State v. VanceSupreme Court of Minnesota · 2007
- State of Minnesota v. Dylan Micheal KelleySupreme Court of Minnesota · 2014
66 more not listed; retrieve them via the Exa API.